SB 245 (LEYVA): DECREASING THE RATE OF UNINTENDED PREGNANCY AMONG YOUTH IN FOSTER CAREFEBRUARY 16, 2017

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AGENDA

Introductions

Reproductive realities for California foster youth

Provisions of Senate Bill 245

How you can help

Q & A

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SENATE BILL 245, AUTHORED BY SENATOR CONNIE LEYVA

Represent the 20th State Senate District (Inland Empire, including Chino and San Bernardino)

Distinguished legislative track record:

Rape victims

Domestic workers

Homeless students

Crime victims

First woman president of the California Labor Federation

Thank you Senator Leyva! 3

WHY ARE WE TALKING ABOUT SEX AND UNPLANNED PREGNANCY?

By

age

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By

age

19

• 49.3% have ever been pregnant as compared to 20.1% in general population;

• 20.6% have been pregnant 2 or more times

• 26.0% have ever been pregnant as compared to13% of general

• 22.0% have been pregnant 2 or more times

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11.5%

19.0%

27.5%

34.3%

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

30.0%

35.0%

40.0%

1st birth before 18 1st birth before 19 1st birth before 20 1st birth before 21

1 in 3 girls in foster care who gave birth before they turned 18 will have at least

one more teen birth

THIS HIGH RATE OF UNPLANNED PREGNANCY LEADS TO HIGH RATES OF EARLY CHILD BEARING

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BUT DON’T FOSTER YOUTH “WANT” TO HAVE CHILDREN?

Wanted to become pregnant:

%

Definitely no 33.8%

Probably no 3.7%

Neither wanted nor didn’t want 28.8%

Probably yes 7.5%

Definitely yes 26.1%

Wanted partner to become pregnant:

%

Definitely no 16.2%

Probably no 21.1%

Neither wanted nor didn’t want 33.4%

Probably yes 14.0%

Definitely yes 15.3%

Young women in foster care at age 19: Young men in foster care at age 19:

66.3% 70.7%

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WHY DO FOSTER YOUTH EXPERIENCE HIGH RATES OF UNPLANNED PREGNANCY?

Confusion about

reproductive rights

Inconsistent access to

sexual health education

Obstructing access to care

Lack of knowledge

and access to contraception

Foster youth were more than twice as likely report using no contraception during intercourse

in the last year (32.7% vs. 14.8%).

Just a third of child welfare workers

reported that they felt adequately trained on this

topic

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California Planned Parenthood v.

Promsesa Behavioral Health

• School and placement instability

• Non-public school• Waivers

WHAT ARE THE IMPLICATIONS OF UNINTENDED PREGNANCY AMONG FOSTER YOUTH?

At age 24, having a child reduced a woman’s odds of being employed by 30%—even after holding educational attainment constant

At age 19, of those who had not enrolled in higher education, 30% cited the need to care for children as a major barrier to returning to school.

Child born to a foster youth were 3 times more likely to have a substantiated report of maltreatment by age 5 than children born to the same-age non-foster youth.

AmyAmy

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HOW IS THIS PLAYING OUT ON THE GROUND?

Inconsistencies in access to information/services. Factors may include:

Geography

Placement Instability

Placement Type

Gender

Social worker/caregiver9

Even if information/services “accessible,” it might not be ACCESSIBLE

Lack of rapport/trust

Messaging issues

Cultural sensitivity

Comfort in the delivery

Empowering youth around decision-making and accessing information/services

Gaps in the Continuum

AND IN THE LIVES OF FOSTER YOUTH?

Concern that information shared by foster youth “follows them” because it is documented

Importance of getting education early; don’t wait until after puberty

Understand that youth are getting more exposure to sexual content earlier

Put your personal beliefs aside

Alexis Barries, Healthy Sexual Workgroup Member

and Former Foster Youth

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GOALS OF SB 245 (LEYVA): REDUCE THE RATE OF UNPLANNED PREGNANCY AMONG YOUTH IN FOSTER CARE

Improve access to reproductive

care

Strengthen the knowledge of social workers, caregivers

Ensure access to

comprehensive sexual health

education

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PROVISION 1: ENSURE ACCESS TO COMPREHENSIVE SEXUAL HEALTH EDUCATION

Age-appropriate, medically accurate and objective

Appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds, pupils with disabilities, and English learners

Not reflect or promote bias against any person on the basis of any protected category

Affirmatively recognize that people have different sexual orientations and, when discussing or providing examples of relationships and couples, shall be inclusive of same-sex relationships

Teach pupils about gender, gender expression, gender identity, and explore the harm of negative gender stereotypes

Provide pupils with knowledge and skills they need to form healthy relationships that are based on mutual respect and affection, and are free from violence, coercion, and intimidation

Information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking

Full list of requirements is at Chapter 5.6 of Part 28 of Division 4 of Title 2 of the Education Code

California has a new and improved comprehensive sexual health requirement in public schools

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PROVISION 1: THE NEW CURRICULUM IS GOOD, BUT FOSTER CARE SOMETIMES DON’T RECEIVE IT

.

School instability

Placement changes

Attendance at non-public school

Waivers for religious reasons

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PROVISION 1: SB 245 WOULD ENSURE YOUTH ACCESS EDUCATION IN THEIR SCHOOL OR A COMMUNITY-BASED RESOURCE

Did the foster youth receive

comprehensive sexual health

education in their public school?

Requirement is met; No further action is required

Youth referred to a community-based resource.

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SB 245 WOULD PROVIDE FOSTER YOUTH WITH MORE ACCESS TO INFORMATION THAN THE GENERAL STUDENT POPULATION

Once in junior high or middle

school

Once in high school.

Once before age 12

Once between ages 12 and 14

Two times between ages 15 and 18

Once between the ages of 19 and 21

SB 245 Requirement

General StudentRequirement

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PROVISION 1: WHAT IS THE RATIONALE FOR PROVIDING FOSTER YOUTH WITH MORE INFORMATION?

Puberty Unique Risk Profile

Average Length of Stay

Foster care to age 21

• Higher rate of sexual abuse and assault

• The age of first intercourse is younger

• The number of partners is greater

• Reported use of contraception is less

• Median length of stay is 436 days.

• Schedule was developed to ensure all youth complete curriculum at least once while in foster care.

• SB 245 ensures all foster youth receive information at least once before the likely onset of puberty.

• SB 245 ensures youth receive information during the age period when they are most at-risk for unplanned pregnancy, age 18 to 21.

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PROVISION 2: ENSURE THE REPRODUCTIVE RIGHTS OF FOSTER YOUTH ARE MET

• Access to age-appropriate, medically accurate information on puberty, reproductive and sexual health care, the prevention of unplanned pregnancies, and the prevention, diagnosis and treatment of Sexually Transmitted Infections (STIs),

• Access reproductive health services• Agency duties, including to inform youth about rights and ensure the youth is not

facing any barriers in accessing reproductive and sexual health care services or treatment

There are already existing rights and requirements

SB 245 simply requires counties to document that

the existing obligation is met.

For youth in foster care 10 years of age and older, the case plan shall be updated yearly to identify how, during the upcoming year, the agency shall ensure youth is not facing barriers to exercising the above rights.

PROVISION 3: SOCIAL WORKERS REPORT A NEED FOR MORE KNOWLEDGE ABOUT PREGNANCY PREVENTION

No training for social workers and caregivers on the reproductive rights of youth, their respective obligations to connect youth with such services, or the sex education and health services available in the community;

No training on how to have conversations with youth about these topics;

No or unclear county policies, protocols or other guidance to describe roles and responsibilities of the different individuals responsible for a foster youth’s care and custody;

No information provided to foster youth on their rights or how to access education and services

Findings from 2009 County Survey on Sexual Education and Reproductive Health Needs

PROVISION 3: THIS LEAVES SOCIAL WORKERS AND CAREGIVERS WITH MANY UNANSWERED QUESTIONS

Is a court order required for an IUD?

Is a social worker required to provide transportation for a youth to get an abortion?

What is a youth’s right to privacy regarding the disclosure of her

pregnancy?

As a caregiver, am I required to tell the social worker if my

youth is having sex?

How it reproductive health documented in the court

report?

What is the minimum age of for a youth to get birth

control?

How does my responsibility change for LGBT youth in my

care?

What does this have to do with the reasonable and prudent parent standard?

As a caregiver, am I required to store a youth’s condoms or other

forms of birth control?

How I talk about such a sensitive

topic?

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PROVISION 3: CDSS ISSUED A PLAN TO ADDRESS MANY OF THESE QUESTIONS

• Healthy Sexual Development workgroup convened (2016)• ACL 16-82: Reproductive and Sexual Health Care and Related

Rights for Youth and Non-Minor Dependents in Foster Care (Sept. 2016)

• ACL 16-88: California’s Plan to Prevent Unintended Pregnancy for Youth and Non-Minor Dependents in Foster Care (Oct. 2016)

• Guidance for Residential Facilities and Resource Families on Healthy Sexual Development and Pregnancy Prevention (Dec. 2016)

• New interim regulations for STRTPs in effect (Jan. 2017)20

PROVISION 3: SB 245 WOULD TRANSLATE THIS PLAN INTO A STATEWIDE CURRICULUM

Rights and responsibilities: What are the rights of youth in foster care in the areas of sexual health and pregnancy prevention? What are the required responsibilities of the social worker and caregiver to ensure those rights are met?

Practice strategies: What are effective, trauma-informed methods to discuss topics of sexual health, pregnancy prevention with youth in foster care?

Sexual health: What is the essential information for child welfare personnel to know in the area of sexual health? This includes current information about methods of contraception, risk factors for sexually-transmitted infections and other related topics.

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PROVISION 4: STRENGTHEN KNOWLEDGE AND TOOLS FOR SOCIAL WORKERS, FOSTER CAREGIVERS AND JUDGES

Incorporate training on the contents of the statewide curriculum into standard training for:

social workers, 75% federally reimbursable

licensed foster parents, relative caregivers, group home personnel and personnel working for foster family agencies

judges

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LEGISLATIVE TIMELINE FOR SB 245

Senate Appropriations

Committee

Assembly Appropriations

Committee

June 2 deadline

September 15th

deadline

Vote

of t

he fu

ll Se

nate

Vote

of t

he fu

ll A

ssem

blySenate Human

Services Committee

Assembly Human Services

Committee

Deadline for Governor to sign or veto bills passed on

or before 9/16

Oct

ober

15t

h

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HOW YOU CAN HELP MAKE SB 12 A REALITY

Send in a support letter to jwilliams@youthlaw.org

Sample will be sent after web seminar; posted at www.jbaforyouth.org

Attend and testify at Senate Human Services Committee in March

Meet with legislators in the district

Stay tuned for more work over the spring and summer

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QUESTIONS OR COMMENTS?

To submit live questions, click on the “Questions” panel, type your question, and click “Send”

or contact

Amy Lemley, John Burton Foundation Rebecca Gudeman, National Center for Youth LawSue Abrams, Children’s Law Center of California

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SOURCES

Slide 4: Source: Courtney et al., Findings from the California Youth Transitions to Adulthood Study: Conditions at Age 17 and Age 19 (2014 and 2016).

Slide 5: California’s Most Vulnerable Parents: Cumulative Teen Birth Rates among Girls in Foster Care” by Emily Putnam Hornstein, et al. 2013. Page 3.

Slide 6: Courtney et al., Findings from the California Youth Transitions to Adulthood Study: Conditions and Age 19 (2016).

Slide 7: Courtney et al., Findings from the California Youth Transitions to Adulthood Study: Conditions and Age 19 (2016).

Slide 7: Constantine et al., Sex Education and Reproductive Health Needs of Foster and Transitioning Youth in Three California Counties, Public Health Institute (2009).

Slide 7 Amended Complaint 5/5/16 - California Planned Parenthood Education Fund V. Promesa Behavioral health

Slide 8: Courtney et al., Findings from the California Youth Transitions to Adulthood Study: Conditions and Age 19 (2016).

Slide 8: California’s Most Vulnerable Parents: Adolescent Mothers and Intergenerational Child Protective Service Involvement,” by Emily Putnam Hornstein, et al. 2013. Page 5.

Slide 8: Corcoran, Jacqueline. Consequences of Adolescent Pregnancy/Parenting: A Review of the Literature, Social Work Health Care Press (1998)

Slide 12: Chapter 5.6 of Part 28 of Division 4 of Title 2 of the Education Code

Slide 16: Courtney et al., Findings from the California Youth Transitions to Adulthood Study: Conditions and Age 19 (2016).

Slide 18: Constantine et al., Sex Education and Reproductive Health Needs of Foster and Transitioning Youth in Three California Counties, Public Health Institute (2009).

Slide 20: All-County Letter 16-88, “California’s Plan for the Prevention of Unintended Pregnancy for Youth and Non-Minor Dependents in Foster Care”, October 12 2016.

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